Magazine January 28, 2013, Issue

Race and the Constitution

Two important Supreme Court cases present opportunities

November’s electoral setbacks have prompted conservatives to reconsider their beliefs and rhetoric on a variety of issues. While they debate new ideas on immigration, taxes, and entitlements, they should not leave unexamined their principles of constitutional government. A pair of important cases on race, to be heard by the Supreme Court this term, can begin the work of updating these principles for a new century by directly refuting the rationalizations used to justify racial preferences.

Conservatives have found their policies at cross-purposes with their constitutional agenda on the topic of race. They rightly recoil at affirmative action, with its emphasis on

John Yoo is the Emanuel S. Heller Professor of Law at the University of California at Berkeley, a visiting scholar at the American Enterprise Institute, and a visiting fellow at the Hoover Institution at Stanford University. He is the author of Defender-in-Chief: Donald Trump’s Fight for Presidential Power.

In This Issue

Articles

Politics & Policy

Off the Cliff

For a few weeks around New Year’s Day, Washington, D.C., turned topsy-turvy. Well, topsy-turvier than usual. Conservative groups blasted a huge tax increase, the Congressional Budget Office estimated the size ...
Politics & Policy

Nixon at 100

As President Nixon sat in the Oval Office on Wednesday, June 2, 1971, the sun’s rays splashing brilliantly across the blue and gold carpet embroidered with the presidential seal, he ...
Politics & Policy

Bork Vivant

Was Bob Bork’s nomination to the Supreme Court finally undone by the fact that he had a beard? Not that his beard was the sole obstacle, of course. The vicious ...

Features

Politics & Policy

Race and the Constitution

November’s electoral setbacks have prompted conservatives to reconsider their beliefs and rhetoric on a variety of issues. While they debate new ideas on immigration, taxes, and entitlements, they should not ...

Books, Arts & Manners

Politics & Policy

Nation-Building

The emergence and ultimate ascendance of the English-speaking peoples — the Anglosphere — is the salient fact of modern history. And the colonization of America is the turning point in ...
Politics & Policy

City of Lights

‘From the moment it began,” argues Michael Neiberg, a history professor at the Army War College in Carlisle, Pa., “the liberation of Paris was an almost mythical affair.” He is ...
City Desk

Pigeon Watching

The city has been great for species other than man — roaches and rats; cats and dogs; once upon a time, horses. Another big winner in the lottery of urbanization ...

Sections

Politics & Policy

Letters

O’Neill Uncensored In his memoir In Confidence, former Soviet ambassador Anatoly Dobrynin wrote of an encounter he had had with House speaker Tip O’Neill: “O’Neill said no effort should be spared ...
Politics & Policy

The Week

‐ Egyptian prosecutors are investigating a popular television comedian for insulting the president. That could never happen here. When do popular television comedians insult the president? ‐ Chuck Hagel, the Republican ...
Athwart

Keep the Change

There are many compelling reasons to mint a trillion-dollar coin, including “plot device for Mission: Impossible 5.” The coin has been stolen, and nefarious enemies of the United States intend ...
Politics & Policy

Poetry

SCRAPS The hunt, for both, was empty as the light blue sky . . . the solitary gull and the eagle, at day’s end, find what little remains from the ice fisherman’s bucket; the gull landing ...
Happy Warrior

The Veil Descends

In the summer of 2010, mourners lined the streets of Wales’s capital city to pay tribute to a seven-year-old boy killed in a house fire. In fact, Yaseen Ali Ege ...

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